Arxiv
2024 Matanat Muzaffar Quluzadeh
Baku State University
quluzademetanet1 @gmail.com
CONSTITUTIONAL AND LEGISLATIVE FRAMEWORK FOR THE RECOGNITION AND
REALIZATION OF REPRODUCTIVE RIGHTS IN THE REPUBLIC OF AZERBAIJAN:
LEGAL AND PRACTICAL ASPECTS
Key words: constitutional regulation, reproductive rights, legal framework, obligations
Açar sözlər: konstitusion tənzimetmə, reproduktiv hüquqlar, hüquqi baza, öhdəliklər
Ключевые слова: конституционное регулирование, репродуктивные права, правовая база, обязанности
1.1 Introduction
This article deals with the regulation of reproductive rights under the constitution and law of the Republic of Azerbaijan. Also, the positive obligations of the Azerbaijan state are examined to provide reproductive rights. This study is performed to research the legislative of the Republic of Azerbaijan which is showed reproductive rights and reproductive health. Especially, This study is dealt with these rights related to other rights.
1.2 General approach
Reproductive Rights, United Nations Conference on Human Rights (1993), International Population and Development Conference (ICPD), (Cairo 1994), United Nations for Social Development World Summit (Copenhagen 1995) and the United Nations 4th World Women's Conference (Beijing,1995) gained consensus in the world public opinion. The 1994 International Conference on Population and Development in Cairo (ICPD) defined reproductive rights:
“...reproductive rights embrace certain human rights that are already recognized in national laws, international human rights documents and other relevant United Nations consensus documents. These rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. It also includes the right of all to make decisions concerning reproduction free of discrimination, coercion and violence as expressed in human rights documents. In the exercise of this right, they should take into account the needs of their living and future children and their responsibilities towards the community.' Reproductive rights in WPPA 'All couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education and means to do so; the responsibility of couples and individuals in the exercise of this right takes into account the needs of their living and future children, and their responsibilities toward the community' (para. 14(f) in the Principles and Objectives).
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